Defending Class Action Lawsuits
If your business is party to a class action lawsuit, do not hesitate to speak with an experienced attorney right away. The procedural and litigation dynamics of a class action are different from other commercial litigation; defending a class action lawsuit is a complex process.
Approaching the potential for class scale liability is daunting without the assistance of a knowledgeable attorney. Joseph R. Ashby has relevant experience effectively defending clients from the potential liability of class action claims. His experience extends to a range of retailers, auto manufacturers, retailers, insurance companies, and other types of businesses.
Just about anyone can initiate a complaint for a class action lawsuit. However, the court determines whether the case will proceed as a claim by the individual plaintiffs or as a class action. For most putative class actions, the question of whether the court will certify a class is one of the most critical questions. If the court denies class certification, then then defendant potentially only confronts individual scale liability, but if the court certifies a class litigation, then the defendant potentially confronts class scale liability.
Although the certification of a class in state or federal court requires that several requirements be met, in many cases, the determination often focuses on questions such as the extent of uniformity of policies and representations for each potential class member. In addition to questions of uniformity of policies and representations, the court may base its decision for class certification on several factors, including whether there is a sufficient number of plaintiffs with similar injuries who are seeking relief, the individual plaintiff or plaintiffs, and the attorneys pursuing the case. It is often critical to consider the strategy to address these issues at the earliest stages of the case before any discovery has commenced. The assessment of these issues can also inform whether an early settlement strategy is appropriate.
When your business is subject to a class action suit, you may already know that the modern tools of social media can burn down a business’s hard-earned reputation before adjudication. At Ashby Law Firm P.C., Joseph will help you develop an effective public relations approach and overall strategy when your business is contending with allegations of:
- Product defects
- False advertising
- Unfair cancellation policies
- Wage and hour violations
- Misclassification of independent contractors